(a) Discretionary dismissal two years after filing The court on its own motion or on motion of the defendant may dismiss an action under Code of Civil Procedure sections 583.410–583.430 for delay in prosecution if the action has not been brought to trial or conditionally settled within two years after the action was commenced against the defendant. (Subd (a) amended effective January 1, 2007.)
Rule 3.1340.Motion for discretionary dismissal after two years for delay in prosecution
Division 11. Law and Motion · Chapter 6. Particular Motions · Article 3. Motions to Dismiss · Last amended 2016 · Last verified July 29, 2026
In one sentenceRule 3.1340 lets a court dismiss a civil case on its own motion or the defendant’s motion under Code of Civil Procedure sections 583.410 through 583.430 once two years pass without trial or a conditional settlement, and requires the clerk to give 20 days’ notice before a court-initiated dismissal hearing.
Full Text of Rule 3.1340
(b) Notice of court’s intention to dismiss If the court intends to dismiss an action on its own motion, the clerk must set a hearing on the dismissal and send notice to all parties at least 20 days before the hearing date. (Subd (b) amended effective January 1, 2016; adopted as part of subd (a) effective January 1, 1990; previously amended and lettered as subd (b) effective January 1, 2007.)
(c) Definition of “conditionally settled” “Conditionally settled” means:
(1) A settlement agreement conditions dismissal on the satisfactory completion of specified terms that are not to be fully performed within two years after the filing of the case; and
(2) Notice of the settlement is filed with the court as provided in rule 3.1385. (Subd (c) amended and lettered effective January 1, 2007; adopted as part of Subd (a) effective January 1, 1990.)
Plain-English Summary
California limits how long a plaintiff can let a case sit without pushing it toward trial. Rule 3.1340 implements the discretionary side of that limit: once two years pass after a defendant is served without the case reaching trial or a conditional settlement, the court can dismiss the action for delay in prosecution under Code of Civil Procedure sections 583.410 through 583.430 — either on the defendant’s motion or on the court’s own initiative.
When the court moves on its own, Rule 3.1340(b) requires the clerk to set a hearing and notify every party at least 20 days beforehand, so no one is caught off guard by a dismissal they never asked for and had no chance to oppose.
The rule also pins down what counts as a “conditionally settled” case, since a case with a pending settlement should not be dismissed as abandoned. A settlement qualifies if the agreement makes dismissal contingent on completing terms that will not be fully performed within two years of filing, and if notice of that settlement has been filed with the court under Rule 3.1385. Meeting both conditions takes the case out of the two-year dismissal window even though it has not gone to trial.
Frequently Asked Questions
How long can a California civil case sit without going to trial before it risks dismissal?
Two years from when the action was commenced against the defendant. After that, Rule 3.1340 and Code of Civil Procedure sections 583.410 through 583.430 allow discretionary dismissal for delay in prosecution.
Can a California court dismiss a case for delay without a motion from the defendant?
Yes. Rule 3.1340(a) allows dismissal on the court’s own motion, but subdivision (b) requires the clerk to set a hearing and give all parties at least 20 days’ notice first.
What does “conditionally settled” mean for the two-year dismissal rule?
Under Rule 3.1340(c), it means the settlement conditions dismissal on completing terms that will not be fully performed within two years of filing, and notice of that settlement has been filed with the court under Rule 3.1385.
Is dismissal under Rule 3.1340 mandatory?
No. Rule 3.1340 governs discretionary dismissal, a separate and earlier-triggering framework from the mandatory dismissal rules that apply after five years.
Amendment History
Rule 3.1340 amended effective January 1, 2016; adopted as rule 372 effective January 1, 1990; previously amended and renumbered as rule 3.1340 effective January 1, 2007.
Source & verification. Rule text is reproduced verbatim from
the Judicial Council of California. Adopted by the Judicial Council of California.
Last verified July 29, 2026.
· Official source
Also known as: two year dismissal California civil casediscretionary dismissal delay in prosecution CaliforniaCCP 583.410 rule 3.1340